Default judgment in Alabama: how to set it aside
What a default judgment means and how to ask the court to set it aside, with a deadline calculator.
Checked against official sources: Oct 24, 2026.
Short answer
A default judgment means the court decided against you because you didn't answer. File a motion to set aside the default judgment within 14 days after it is entered in District Court (including small claims), or within 30 days in Circuit Court. After that, a motion for relief from judgment under Rule 60(b) is possible: within 4 months for mistake, excusable neglect, new evidence or fraud, or within a reasonable time for other reasons, such as a void judgment.
- Shortest time to ask
- 14 days (District Court (including small claims): motion to set aside)
- Time to answer
- 14 days
If you didn't answer in Alabama
If you do not answer or do not come to trial, the judge can enter a default judgment for what the plaintiff asked. For a set amount of money, the clerk can enter it.
Asking the court to undo a default in Alabama
File a motion to set aside the default judgment within 14 days after it is entered in District Court (including small claims), or within 30 days in Circuit Court. After that, a motion for relief from judgment under Rule 60(b) is possible: within 4 months for mistake, excusable neglect, new evidence or fraud, or within a reasonable time for other reasons, such as a void judgment.
Law: Ala. R. Civ. P. 55(b), 55(c), 55(dc), 60(b); Ala. Small Claims Rule K
Count your deadline to set aside a default
Interest and how long it lasts in Alabama
- Interest after the judgment
A judgment on a contract earns interest at the rate stated in the contract. Other judgments earn 7.5% a year.
- How long it lasts
If no execution is issued for 10 years, the judgment is presumed paid and must be revived by a court motion before it can be collected. A judgment cannot be revived after 20 years from its entry.
Law: Ala. Code §§ 8-8-10, 6-9-190, 6-9-191, 6-9-192
Servicemembers
Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service.
Law: 50 U.S.C. 3931(b)(1)
Your next steps in Alabama
Read the judgment
Get the judgment from the clerk; the date on it starts your time limits.
Mind the time limit
In Alabama: File a motion to set aside the default judgment within 14 days after it is entered in District Court (including small claims), or within 30 days in Circuit Court. After that, a motion for relief from judgment under Rule 60(b) is possible: within 4 months for mistake, excusable neglect, new evidence or fraud, or within a reasonable time for other reasons, such as a void judgment.
Explain why and show a defense
Courts usually ask for a good reason and a real defense.
Watch for garnishment
Until it is set aside, the judgment can be collected: read After a judgment in Alabama.
Ask for free help
Free help: Alabama Legal Help (legal aid, LawHelp network).
Where to get free help in Alabama
Questions about default judgments in Alabama
How long do I have to answer a debt lawsuit in Alabama?
14 days after you are served in District Court, including small claims. 30 days after you are served in Circuit Court. Check your summons.
Can the plaintiff win by default in Alabama?
If you do not answer or do not come to trial, the judge can enter a default judgment for what the plaintiff asked. For a set amount of money, the clerk can enter it.
How do I set aside a default in Alabama?
File a motion to set aside the default judgment within 14 days after it is entered in District Court (including small claims), or within 30 days in Circuit Court. After that, a motion for relief from judgment under Rule 60(b) is possible: within 4 months for mistake, excusable neglect, new evidence or fraud, or within a reasonable time for other reasons, such as a void judgment.
Related Alabama pages
Sources
- Ala. R. Civ. P. 55(b), 55(c), 55(dc), 60(b); Ala. Small Claims Rule K
- Ala. Code § 12-12-31 (small claims; assignees need a lawyer)
- Ala. Code § 12-12-30 (District Court jurisdiction)
- Ala. Code § 12-11-30 (Circuit Court jurisdiction)
- Ala. Code § 8-8-10 (judgment interest)
- Ala. Code § 6-9-191 (presumed satisfied after 10 years)
- Ala. Code § 6-9-190 (no revival after 20 years)
- Ala. Code § 6-6-393 (garnishee answers in 30 days)
- Ala. R. Civ. P. 12 (answer times)
- Ala. R. Civ. P. 4 (service)
- Ala. R. Civ. P. 8 (affirmative defenses)
- Ala. R. Civ. P. 60 (relief from judgment)
- Ala. R. Civ. P. 64A (notice of right to claim exemption)
- Ala. R. Civ. P. 64B (claim of exemption and contest)
- Form SM-3 Defendant's Answer (small claims)
- Form PS-19 Answer to Complaint
- Form C-24D Notice of Right to Claim Exemption from Garnishment
- Form C-10-CIVIL Affidavit of Substantial Hardship
- A Guide to Alabama Small Claims Courts
- Alabama Small Claims Rules (Rules A-N)
- Ala. Small Claims Rule F (deadline for answer)
- Ala. Small Claims Rule K (default)
Last checked: Oct 24, 2026.